Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-xtgtn Total loading time: 0 Render date: 2024-04-24T13:45:27.983Z Has data issue: false hasContentIssue false

5 - Sovereignty, custom and natural law: the Calcutta Supreme Court, 1774–1781

Published online by Cambridge University Press:  18 July 2009

Robert Travers
Affiliation:
Cornell University, New York
Get access

Summary

Party disputes on the Supreme Council were not the only destabilizing legacy of Lord North's Regulating Act of 1773. The act also created a new royal court of justice in Calcutta, ‘the Supreme Court of Judicature at Fort William in Bengal’, and the early history of the court was marked by bitter struggles between the judges and the Company government. Disputes over the jurisdiction of the court generated major debates about the scope of English law in India, the constitutional definition of the Company government, and the nature of Indian legal tradition and practice. In the process, the Company's claims to govern according to the ancient constitution of the country were subjected to new levels of scrutiny.

This chapter explores the impact of the Supreme Court on the colonial power's evolving view of itself. The court was designed to provide a beefed-up version of royal justice in Calcutta, replacing an old system in which judicial power was devolved to the Company and to British communities in India. Trying to extend domestic legal disciplines to an unruly frontier, the court soon clashed with entrenched conceptions of distinctive local privileges among the British in Bengal and also with the Company's claims to exclusive authority in the interior. Meanwhile, the Company's Indian subjects exploited new opportunities for legal redress, and the judges took an expansive view of their powers to hear cases involving Indian plaintiffs and defendants.

Type
Chapter
Information
Ideology and Empire in Eighteenth-Century India
The British in Bengal
, pp. 181 - 206
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×